NOTICE OF NON-DISCRIMINATION
Title IX and Violence Against Women Act (VAWA)
Leeward Community College is committed to creating and maintaining a campus culture and
community that promotes the academic pursuits and success of its students, while providing a
safe and conducive working environment for its employees. As such, discrimination on the
basis of race, color, creed, age, gender, sexual orientation, religion, national origin, veteran
status, physical or mental disabilities, or any other form of prohibited discrimination is
unacceptable and will not be tolerated in the College’s educational activities such as academic
program, admissions, recruitment, and financial aids; its employment activities; and its
institutional functions. This Notice addresses the prohibitions against sexual harassment,
sexual assault, domestic violence, dating violence, stalking and retaliation as specified in Title
IX of the Education Amendments of 1972 and the Violence Against Women Act (VAWA), 2013
Reauthorization; and how the College will stop and prevent unlawful sexual discrimination in
the work and educational environment.
What conduct is prohibited under Title IX and VAWA?
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Sexual harassment: Sexual harassment may take many forms. While often seen as an
abuse of power or authority, a subordinate may abuse a supervisor, and a peer may abuse
another peer. Both men and women can be the targets and/or the alleged perpetrator of
sexual harassment. There are two types of sexual harassment:
o Hostile environment: The recipient of sexual advances, requests of sexual favors,
and/or verbal or physical conduct of a sexual nature may be sexually harassed if such
conduct is viewed as (a) unwelcomed; (b) severe or pervasive; and (c) unreasonably
interfering with the recipient’s work performance or academic performance, or, creates
an intimidating, hostile, or offensive educational or work environment.
o Quid pro quo: This type of sexual harassment is a trade of “this-for-that” when (a)
advancement consideration; (b) favorable performance evaluation; (c) being allowed to
participate in an activity; and/or (d) receiving any other benefit in exchange for sexual
favors and/or verbal or physical sexual conduct.
Sexual assault: Under Hawaii law, sexual assault is a criminal act when a person
knowingly or recklessly subjects another person to sexual penetration, sexual contact, or
causes the other person to have sexual contact. Sexual assault involves compulsion
(force), or knowly engaging in the prohibited conduct with another person who in
intellectually, physically, or mentally incapacitated.
Incapacitation examples include
impairing a person’s decision making ability due to lack of sleep, use of alcohol or drugs
(e.g., “date-rape” drugs); involuntary physical restraint; or an inability to give consent due to
youth, or mental/development/physical disability. Other forms of sexual assault may
include indecent exposure, voyeurism, sexual assault with an object, and electronic
surveillance, recording, photographing, or transmitting identifiable images of private sexual
activity and/or intimate bodily parts without the knowledge and consent of the parties.
Domestic violence: Under the Hawaii law, domestic abuse include physical harm, bodily
injury, assault, or the threat of imminent physical harm, bodily injury, or assault, extreme
psychological abuse, or malicious property damage between family or household members.
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Dating violence: Violence committed by a person who is or has been in a social
relationship of a romantic or intimate nature with the victim, and where the relationship is
determined by considering (a) the length of the relationship; (b) the type of the relationship;
and (c) the frequency of interaction between the persons involved in the relationship.
Stalking: Harassment by stalking is the intent to harass, annoy, or alarm another person,
or in reckless disregard of the risk thereof, the perpetrator engages in a course of conduct
involving pursuit, surveillance, harassing, annoying, alarming, damaging the reputation of
the victim, substantial emotional stress, or nonconsensual contact upon another on more
than one occasion without legitimate purpose. Nonconsensual contact includes direct
personal visual or oral contact, and contact via telephone, facsimile, or Internet or other
electronic media (e.g., e-mail, texting, messaging, posting of photos/videos).
Retaliation: Adverse actions taken against a person because s/he have (a) filed a
complaint; (b) participated in an investigation; or (c) otherwise opposed discrimination
which include sexual harassment, sexual assault, domestic violence, dating violence, or
stalking is prohibited.
How does “consent” affect the above prohibited conduct?
With respect to sexual activity, “consent” means words or actions that show a voluntary
agreement to engage in mutually agreed sexual activity (include pictures/videos). However;
mere assent by statement or action does not mean consent IF it is given by a person who is
unable to make a reasonable judgment concerning the nature or harmfulness of the activity
because of (a) incapacitating intoxication; (b) unconsciousness; (c) youth or age; (d) language
(the ability to comprehend); (e) intellectual or other disability; (f) other incapacity; or (g) if the
assent is the product of threat, coercion, or fraud. Also, understand that (a) past consent does
not imply future consent; (b) silence or the absence of resistance does not imply consent; (c)
consent to engage in a sexual activity with one person does not imply consent to engage in
sexual activity with another person; and (d) consent may be withdrawn at any time.
If I am a victim of sexual misconduct, what should I do?
Students and employees of Leeward Community College are strongly encouraged to report
incidents of sexual harassment and sexual violence as soon as possible to protect themselves,
prevent escalation, preserve evidence, and to give the campus a chance to intervene.
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In an Emergency: You are to call Campus Security at 455-0611 or extension 611 or use
the nearest “Blue Box.” You can have Security call the Police or you may call 911 (Police).
Lead Title IX Coordinator: If you feel you are a recipient of discrimination based on
sexual harassment or other forms of sexual violence, you are strongly encouraged to
immediately report to: Mark D. Lane, Vice Chancellor of Administrative Services,
Administrative Building, Room 113, marklane@hawaii.edu (808) 455-0213. The Lead
Coordinator is responsible for overseeing Title IX compliance, and has responsibility for
coordination of the deputy coordinators and the unit heads of training/education, campus
security, and marketing/communication.
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Deputy Title IX Coordinator–Students: Any complaint against/involving a student and
prohibited discrimination based on sex should be immediately reported to: Kami J. Kato,
Student Services Project Officer, Administration Building, Room 225A, kamik@hawaii.edu
(808) 455-0236.
Deputy Title IX Coordinator–Employees: Any complaint against/involving an employee
and prohibited discrimination based on sex should be immediately reported to: Michael C.
K. Wong, Human Resources Manager & EEO/AA Coordinator, Administration Building,
Room 121A, mckwong@hawaii.edu (808) 455-0491.
Other on-campus reporting avenues:
o You also have the option of reporting to others on campus with whom you may feel
more comfortable. On-campus “Responsible Employees” include all administrators,
division chairs, unit heads, supervisors, student leaders, and student club advisors.
o For those on the Pearl City campus, you may make a report to the Health Center
(455-0575), or the Counseling Center (455-0233/234). For those at the Waianae
campus, you may contact the Main Office at 696-6378
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External reporting avenues: You may also elect to file a report with external
agencies:
o Honolulu Police Department: 911 (criminal reports)
o Hawaii Civil Rights Commission: 586-8636
o Equal Employment Opportunity Commission – Honolulu Office: 1 (800) 669-000
o Office for Civil Rights, U.S. Department of Education: 1 (800) 421-3481
What help can I expect once I make an on-campus complaint known?
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Complaint intake: You will be asked to provide information on the incident(s) of sexual
harassment or sexual violence involving you. Often times, a Complaint Form will be
provided to help you organize your thoughts and document the facts, circumstances, and
people involved. You will have the opportunity to review and amend your statement, and
should you remember something of importance, you may submit a written amendment. If
sufficient information or complaint clarity is lacking, you may be asked to provide more so
that a determination as how to proceed may be made.
Interim measures:
The College’s first concern is to ensure that you are safe as
reasonably possible. Even before an investigation into your compliant, the possibility of
interim measures will be explored with you.
o For students, possible interim measure may include assistance in transferring to
another class section; arranging for incompletes/withdrawals; alternative student
employment arrangements; or “no contact” directive issuance.
o For employees, possible interim measures for employees may include modification of
work arrangements; temporary reassignment; changes in office location or work areas,
or access to work areas; or “no contact” directive issuance.
o You may be referred to external reporting avenues that were previously cited or referred
to external organizations or agencies that may be able to offer unique assistance
required by you. Refer to the list of “External Agencies and Organizations” at the end of
this Notice.
Resolution options: Should it be determined that you were subjected to sexual
discrimination, your resolution options will be explained.
Complaints of alleged
discrimination will be processed using the University of Hawaii’s Administrative Procedure
A9.920, Discrimination Complaint Procedure for Students, Employees. and Applicants for
Admission or Employment, http://www.hawaii.edu/svpa/apm/pers/a9920.pdf. In general, the
following will occur:
o Complaint officer intervention: If the circumstances of the complaint prevent you
(student or employee) from discussing the matter with the other party, significant others,
or at the next higher organizational level, you may ask the Complaint Officer to attempt
the resolution informally on your behalf.
o Informal complaint: You may seek Alternative Dispute Resolution (ADR) involving
mediation using the services of a trained mediator. However, ADR can only proceed if
both you and the person that you are alleging misconduct of agree to the process.
o Formal complaint: If you elect a formal complaint, the Complaint Officer will take his/her
case assessment to the Chancellor who will then designate an Investigating Officer (IO)
and a Decision Maker (DM).
 The IO conducts thorough and objective fact finding. S/he is responsible to notify
the Respondent in writing of the allegations of discrimination and advise the
Respondent of his/her rights under the complaint procedure. The IO interviews
named witnesses and gathers evidence. The IO submits a written fact finding report
that contains and organizes the facts, findings, and considerations to the DM.
 The DM reviews the evidence against the allegations of a sexual harassment or
sexual violence, and will determine whether or not a policy/rule/law violation has
occurred based on a “preponderance of the evidence” standard. This means that a
majority of the available evidence would indicate whether or not a violation of a
policy/rule/law has occurred. If a violation has occurred, the DM will determine the
appropriate corrective action, and notify you and the Respondent of his/her decision
in writing.
 The Chancellor (or designee) serves as the Appeal Authority (AA) if you or the
Respondent submits a written appeal with the specified time. The AA will review the
case and the rendered decision. The AA will only consider if the DM’s finding is
clearly against the weight of the evidence of the fact finding report.
 University initiated investigation: There may be times when you may not wish to pursue
an incident of sexual harassment or violence after reporting it. However, due to the
seriousness of the alleged offense, or a possible pattern of misconduct, or threat to
yourself or others, the College must investigate the matter to ensure that sexual
discrimination is stopped, to prevent its recurrence, and to ensure a work and
educational environment free from such discrimination.
What about confidentiality?
To the greatest extent possible, every effort will be made to maintain confidentiality of you and
your complaint. Complaint information will be limited to those officials or individuals actually
involved in the complaint process to include the person whom you are accusing of sexual
misconduct. Complaint information may be disclosed if required by law, rule, regulation, or
court order.
What about retaliation?
Leeward Community College strictly prohibits retaliation by, for, or against any participant (e.g.,
complainant, respondent, or witness) for making a good faith report of any conduct, act, or
practice believed to violate this policy, or any other University policy or standard of conduct, or
for participating in good faith in the college’s investigation of a reported violation. Retaliation
may take the form of undue influence, coercion, manipulation, harassment, or intimidation that
has an adverse impact on a complainant or a person involved in discrimination complaint
process. Retaliation constitutes a charge separate from the original discrimination allegation,
and will be handled separately. If you have been subjected to retaliation, contact a College
Title IX official.
Are there external agencies or organizations I can use?
Contingent on the type of sexual misconduct that you have been subjected to and dependent
on your personal needs, the follow agencies/organizations offer services that you might find
useful:
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Sex Abuse Treatment Center of the Kapiolani Medical Center for Women and Children:
524-7273
Sex Assault Hotline: 524-7273
Adult Abuse Reporting: 832-5115 (other assistance)
Honolulu and Leeward Shelter: 841-0822 (24-hour hotline)
Domestic Violence Shelter Hotline: 841-0822
Pu’uhonua – Waianae Domestic Violence Outreach: 585-7944
Suicide/Crisis Hotline: 832-3100
Waianae Comprehensive Health Center: 696-7081
Queens Medical Center West, Emergency: 691-4311
Wahiawa General Hospital, Emergency: 621-8411
Pali Momi Medical Center, Emergency: 983-8633
Kaiser Permanente Moanalua Medical Center & Clinic, Emergency: 432-0000
Restraining Order for Family/Household (Adult Client Services, Family Court: 538-5959
Restraining Order for Non-Family/Household (District Court) 538-5151
Temporary Restraining Order Hotline (Family Court) 808-954-8090
Ala Kuola: 808-545-1880 (assists victims of domestic violence in obtaining a TRO in Family
Court against their abuser)
What else should I keep in mind about sexual harassment and sexual violence?
Whether a student or an employee of Leeward Community College, you have a right to expect
a safe, respectful, and supportive campus environment that is conducive to academic learning
and productive and meaningful employment. However, should you find yourself the subject of
unlawful sexual misconduct; the previously presented information is to facilitate your reporting
and resolution of such violations of basic conduct standards. Should you have any questions
or concerns, please do not hesitate to contact the designated campus officials identified in this
Notice.